Abolition of caste-based reservation untenable as long as Dalits suffer atrocities, prejudice; a rebuttal to Justice Katju
4 years, 4 months ago

Abolition of caste-based reservation untenable as long as Dalits suffer atrocities, prejudice; a rebuttal to Justice Katju

Firstpost  

Editor’s note: This article was originally published on 19 July. Justice Katju further argues, without empirical proof, that only 1 percent of Scheduled Castes can benefit from reservation, while creating an illusion that the entire Scheduled Caste population of 22 crores is benefited. Even if only 1 percent have got the advantage of reservation, the number should be compared with the total number of government jobs, not the entire population of Scheduled Castes. Justice Katju says that Scheduled Castes must say “in a manly way that they will work hard and show by competing with upper castes on merits that they are not intellectually inferior to upper castes.” This statement is not just a reflection of upper caste masculinity, but also reinforces the ‘superior caste’-oriented mindset. Therefore, instead of Scheduled Castes being asked to give up reservations and work hard, other castes must be educated on how they must refrain from continuing discriminatory and torturous practices against Dalits.

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History of this topic

Supreme Court rules conversions for reservations are constitutional fraud
Trending News
1 month, 2 weeks ago

Supreme Court rules conversions for reservations are constitutional fraud

Op India  

On 26th November, the Supreme Court of India delivered a landmark judgment ruling that converting to a religion solely to claim reservation benefits without genuine belief in the adopted faith constitutes “fraud on the Constitution.” The apex court dismissed an appeal filed by C Selvarani, who was denied a Scheduled Caste certificate after she claimed to have reverted to Hinduism …

Karnataka Internal Reservation Policy for Scheduled Castes: Implementation Challenges and Political Impact
1 month, 3 weeks ago

Karnataka Internal Reservation Policy for Scheduled Castes: Implementation Challenges and Political Impact

The Hindu  

Published : Nov 25, 2024 19:35 IST - 8 MINS READ In a decision that is bound to have far-reaching social implications in Karnataka, the State Cabinet, in late October, approved implementation of internal reservation within the Scheduled Caste quota in the State, which currently stands at 17 per cent. Any decision to implement internal reservation in Karnataka, especially in …

Dalit leaders divided over VCK move to file review plea against order allowing States to sub-categorise Scheduled Caste communities
4 months, 1 week ago

Dalit leaders divided over VCK move to file review plea against order allowing States to sub-categorise Scheduled Caste communities

The Hindu  

The Viduthalai Chiruthaigal Katchi’s decision to file a review petition in the Supreme Court against the recent order empowering States to sub-categorise Scheduled Caste communities, after welcoming the judgement initially, to provide reservations has again turned the focus on the impact it could have on forging a potent political formation of the SC communities in Tamil Nadu. said while the …

Explained: Sub-classification of Scheduled Castes and the Supreme Court
5 months, 1 week ago

Explained: Sub-classification of Scheduled Castes and the Supreme Court

Hindustan Times  

On August 1, a seven-judge Constitutional Bench of the Supreme Court with a majority of 6:1 held that sub-classification of Scheduled Castes for the purpose of reservation was constitutional. While hearing the appeal in 2014, a three-judge bench of the Supreme Court noted that Chinniah needs to be revisited in light of Article 338 and the law laid in Indra …

Caste reservation fabric needs new pattern
5 months, 1 week ago

Caste reservation fabric needs new pattern

New Indian Express  

“Begin at the beginning, the king said, very gravely, and go on till you come to the end: then stop.” Lewis Carroll, Alice’s Adventures in Wonderland For millenniums, caste has been cast in stone in the Indian psyche. Gavai, who could be the chief justice next year, wrote: “The State must evolve a policy for identifying the creamy layer even …

Reservation redistribution
5 months, 1 week ago

Reservation redistribution

Hindustan Times  

The gains of reservation — despite its goal of driving equity — have flowed unequally. Relative social privilege and political clout have led to a few groups enjoying almost all the benefits of reservations while others languish in backwardness that is largely unchanged since Independence. To illustrate, the Jatavs in Uttar Pradesh and the Mahars in Maharashtra have long been …

States can sub-classify SCs for quotas: top court
5 months, 1 week ago

States can sub-classify SCs for quotas: top court

The Hindu  

In a 6:1 majority judgment on Thursday, a seven-judge Constitution Bench of the Supreme Court, headed by Chief Justice of India D.Y. Four of the seven judges on the Bench separately said the government should extend the “creamy layer principle” to Scheduled Castes and Scheduled Tribes, as in the case of the Other Backward Classes category. On Thursday, Chief Justice …

Cannot treat Scheduled Castes as a homogenous group: Supreme Court
11 months, 1 week ago

Cannot treat Scheduled Castes as a homogenous group: Supreme Court

The Hindu  

A seven-judge Constitution Bench headed by Chief Justice of India D.Y. Chandrachud on Tuesday observed that Scheduled Castes cannot be treated as a “homogenous group” for granting reservation as some may have advanced in society while other continue to remain “particularly underprivileged”. The court said the diverse groups, clubbed together in the Presidential list under Article 341 of the Constitution …

Make Scheduled Caste Status Religion Neutral : Plea In Supreme Court
1 year, 6 months ago

Make Scheduled Caste Status Religion Neutral : Plea In Supreme Court

Live Law  

A petition has been filed in the Supreme Court seeking a declaration that 'religion' should not be used as a criterion to grant Scheduled Caste status.On July 3, a bench headed by Justice Sanjay Kishan Kaul ordered that the petition filed by Tamil Activist Kundanthai Arasan to be tagged along with the pending petition seeking SC reservations for Christian and …

These Seats Are Reserved: Putting the quota debate in context
1 year, 7 months ago

These Seats Are Reserved: Putting the quota debate in context

India Today  

These Seats are Reserved: Caste, Quotas and the Constitution of India by Abhinav Chandrachud, a lawyer practising at the Bombay High Court, explains the history of the affirmative action provisions in the Indian Constitution and demystifies the complex set of rules and procedures through which these clauses are put into operation. The first half traces the history of constitutionalising reservation …

Suspect moves: The Hindu Editorial on changes to reservation policy in Karnataka
1 year, 9 months ago

Suspect moves: The Hindu Editorial on changes to reservation policy in Karnataka

The Hindu  

Statecraft involves management of competing demands for accommodation and inclusion, without unduly affecting the interests of any section of society. The Karnataka government’s decision to scrap the 4% quota for Muslims within the Other Backward Classes category and earmark an additional 2% each to the dominant Vokkaliga and Veerashaiva-Lingayat communities is a divisive gamble in the expectation of electoral dividends. …

In affidavit in SC, Centre defends exclusion of Dalit Christians, Dalit Muslims from scheduled castes' list
2 years, 2 months ago

In affidavit in SC, Centre defends exclusion of Dalit Christians, Dalit Muslims from scheduled castes' list

Firstpost  

The affidavit was filed in response to a plea of NGO Centre for Public Interest Litigation seeking an extension of reservation and other benefits to people from Dalit communities who converted to Islam and Christianity New Delhi: The Centre has defended the exclusion of Dalit Christians and Dalit Muslims from the list of scheduled castes, saying historical data shows no …

Status beyond faith: The Hindu Editorial on Scheduled Caste status post conversion
2 years, 3 months ago

Status beyond faith: The Hindu Editorial on Scheduled Caste status post conversion

The Hindu  

The Centre has appointed a three-member Commission to examine the sensitive issue of extending Scheduled Caste status to all those who have historically suffered discrimination and untouchability, regardless of the religion they now profess. In 1985, the Supreme Court agreed that historical discrimination may continue even after members of the SCs convert to other religions, but did not decide in …

Explained | The criterion for SC status
2 years, 3 months ago

Explained | The criterion for SC status

The Hindu  

The story so far: The Supreme Court of India has sought the most recent position of the Union government on a batch of petitions challenging the Constitution Order of 1950, which allows only members of Hindu, Sikh and Buddhist religions to be recognised as SCs. On the other hand, the Union government in 2019 rejected the possibility of including Dalit …

Reservations to Dalit Christians and Muslims was a ‘Communal Award’ given by Sonia Gandhi for defeating Vajpayee: Why BJP has to resist it
2 years, 4 months ago

Reservations to Dalit Christians and Muslims was a ‘Communal Award’ given by Sonia Gandhi for defeating Vajpayee: Why BJP has to resist it

Op India  

On Tuesday, the Supreme Court of India issued a notice to the Union Government, asking for their response in a plea that said those Dalit Hindus who had converted to Christianity or Islam should be given the same reservation benefits as extended to the Scheduled Caste category. In the C.M Arumugam v S. Rajgopal and others, the court held that …

Who is Dalit or Savarna? Why caste system must go in totality
2 years, 4 months ago

Who is Dalit or Savarna? Why caste system must go in totality

India Today  

A nine-year-old Dalit boy's death in Rajasthan after his teacher assaulted him for drinking water from a source allegedly not meant for him has led to public outrage and the opposition BJP’s attacks on the ruling Congress. THE BRITISH AND ‘HARIJAN’ VS ‘DALIT’ The British brought their idea of census to India and the requirement for people to name their …

The Current Reservation System Will Benefit the Political Class, Not Downtrodden
3 years, 5 months ago

The Current Reservation System Will Benefit the Political Class, Not Downtrodden

News 18  

Ambedkar would have nodded his head in disbelief had he been present in 21st century India. It’s a mockery of the current reservation policy where a large chunk of subcategories within the socially and educationally backward castes is left out and pushed to the fringe by the dominant 10 castes of a total of 2,633 sub-castes within the larger OBC …

'Are Caste-Based Reservations In Education For Eternity?': Plea In Supreme Court
3 years, 6 months ago

'Are Caste-Based Reservations In Education For Eternity?': Plea In Supreme Court

Live Law  

A plea has been moved by an Advocate before the Supreme Court seeking directions to fix time limits for expiry of caste-based reservations in education. The petitioner Dr Subhash Vijayran, who is also a MBBS Doctor, has made the Union of India, through the Ministry of Education, Department of Higher Education as respondent in the plea. the plea has stated …

India's Dalit Muslims, marginalised historically and in the present day, find scant mention in mainstream discourse
4 years, 3 months ago

India's Dalit Muslims, marginalised historically and in the present day, find scant mention in mainstream discourse

Firstpost  

Violence against Dalits elicits a set of responses: debates on casteism and discrimination; support for #DalitLivesMatter; politicians capitalising on the situation. Taking assistance from Santos’s conception, we also need to dismantle the monolithic imagining of Muslims in India, because this blanket understanding veils the marginalities of Dalit Muslims. Likewise, the National Commission for Religious and Linguistic Minorities or Rangnath Mishra …

The Conundrum Of Preferential Treatment Within Scheduled Castes
4 years, 4 months ago

The Conundrum Of Preferential Treatment Within Scheduled Castes

Live Law  

On 27 August 2020, in the case of State of Punjab v. Davinder Singh, a Constitution bench of five judges of the Supreme Court of India referred the question of preferential treatment by the States, among Scheduled Castes of few castes within Scheduled Caste for the purposes of reservation, to a larger bench of seven or more judges for deciding …

Quota Within Quota: Supreme Court Set to Revive Debate on Creamy Layer Within Scheduled Castes
4 years, 4 months ago

Quota Within Quota: Supreme Court Set to Revive Debate on Creamy Layer Within Scheduled Castes

News 18  

The Supreme Court on Thursday disagreed with its 2004 Constitution Bench verdict, which had ruled against giving preferential treatment to certain sub-castes within the Scheduled Castes. The rethink by the top court is set to revive the debate on concept of creamy layer within SCs, and authorising states to give benefits of quota to groups that were not able to …

Reservation as a political imperative
4 years, 4 months ago

Reservation as a political imperative

The Hindu  

Litigation and discussions about reservation policies are recurrent in Indian political discourse. Back in the 1970s, the Supreme Court in N.M. Thomas ruled that Article 16, which allows the state to provide for reservation, is not an exception to equality but rather a facet of Article 16. In N.M. Thomas, the Court held that some caste classifications, like those inherent …

Reservations are psychological crutches for Scheduled Castes, have only perpetuated caste system instead of destroying it
4 years, 6 months ago

Reservations are psychological crutches for Scheduled Castes, have only perpetuated caste system instead of destroying it

Firstpost  

Scheduled Castes must realise that they cannot succeed in their struggle for social amelioration if they are isolated, writes former justice Markandey Katju. Coming now to Scheduled Caste reservation, it is true that Scheduled Castes are looked down upon by many upper caste people and discriminated against, yet I am against any reservations for them for admissions in educational institutions …

SC says hard for elected govt to have 'political will' to meet with challenges of reservation; strikes down 100% ST quota in scheduled areas
4 years, 8 months ago

SC says hard for elected govt to have 'political will' to meet with challenges of reservation; strikes down 100% ST quota in scheduled areas

Firstpost  

It is very hard for an elected government to have the ‘political will’ to meet the challenges arising out of the reservation scenario wherein neither the lists of those entitled have been reviewed nor the quota provisions have come to an end, the Supreme Court has observed. New Delhi: It is very hard for an elected government to have the …

Caste based reservations should continue till caste based discrimination is there: RSS chief
4 years, 10 months ago

Caste based reservations should continue till caste based discrimination is there: RSS chief

Op India  

At an event in Delhi on Tuesday, RSS Sarsanghchalak talked about various issues like need to build a pro-India narrative and about issues facing the Hindu community. “These days I’m wary that anything I say will be misquoted, but I will say what Sangh has always believed in,” Mohan Bhagwat started when responding to a question that sought to know …

[Reservation]Can Preferential Treatment Be Given To Specific Castes/Tribes Within SC-STs? Constitution Bench To Hear On Feb 11[Read Order]
4 years, 11 months ago

[Reservation]Can Preferential Treatment Be Given To Specific Castes/Tribes Within SC-STs? Constitution Bench To Hear On Feb 11[Read Order]

Live Law  

The Constitution Bench of Supreme Court is currently hearing the issue whether any preferential treatment can be given to a specific caste/castes within the Scheduled Castes?The five judge bench headed by Justice Arun Mishra, on Tuesday, partly heard the reference which raised the following issues:Whether the provisions contained under Section 4 of The Punjab Scheduled Castes and. The Constitution Bench …

Discrimination Against SC-STs Still Prevalent; Cannot Presume They May Misuse Provisions Of Law As A Class: SC [Read Judgment]
5 years, 3 months ago

Discrimination Against SC-STs Still Prevalent; Cannot Presume They May Misuse Provisions Of Law As A Class: SC [Read Judgment]

Live Law  

While withdrawing the conditions imposed by the March 20, 2018 judgment for arrest of a person under the SC/ST Act, the Supreme Court observed that the discrimination against the members of the Scheduled Castes and Scheduled Tribes is still prevalent in various parts of the country The bench comprising Justice Arun Mishra, Justice MR Shah and Justice BR Gavai observed …

Govt approves 10% quota for upper castes: Forget the politics of it, income-based reservation is the way ahead
6 years ago

Govt approves 10% quota for upper castes: Forget the politics of it, income-based reservation is the way ahead

Firstpost  

Every policy announcement by the government just months ahead of a major election will be seen through the prism of politics. Hence, the easy explanation to Narendra Modi government’s decision to offer reservation in jobs and education to economically weaker upper castes is that it is a smart political tactic by BJP to allay the concerns of upper castes and …

Social ostracising of Scheduled Castes still rampant in society
6 years, 3 months ago

Social ostracising of Scheduled Castes still rampant in society

The Hindu  

Even six decades after Independence, the people of the Madiga community remain a neglected lot, K.B. For the Madigas in Karnataka, still battling caste discrimination and untouchability, and who traditionally skin leather for a living, such moments in the mainstream have been few and far between, Mr. Shanappa said, and added that this was despite being the single largest community …

SC's effort to dilute Atrocities Act fraught with blind spots, threatened to do Dalits yet another injustice
6 years, 4 months ago

SC's effort to dilute Atrocities Act fraught with blind spots, threatened to do Dalits yet another injustice

Firstpost  

Most of us can never understand the plight of the lakhs of Dalits and therefore can never convince ourselves with a valid justification of the Atrocities Act It was the first week of April 2018. Background to the Act Before delving into the falsity in the decision of the Supreme Court, what is required is to understand why, in the …

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